Zoning Board of Appeals

Town of Varick New York

Minutes for March 28, 2017

The Varick ZBA held a public meeting at the Varick Town Hall on March 28, 2017 at 7pm.

Present: Jeff Hogue-Chair, Annie Bachman, John Keel, Andrew Herkovic, R. McCulloch- Zoning Enforcement Officer

Meeting was called to order at 7:04 pm.

Old Business:

Code Enforcer Report: No changes to current applications in process.

Secretary Report:

Notice of Public Hearing for Jesse McNulty variance request mailed to all provided neighbors, property owner, and contractor.

Minutes of February 28, 2017 meetings accepted.

New Business:

Application for Area Variance for 4938 E. Lake Road.

Notice in Reveille: A PUBLIC HEARING before the Town of Varick Zoning Board of Appeals will be held on March 28, 2017 at 7:00 PM in the Town Office Building at 4782 Route 96 for an Application for an Area Variance filed by Jesse McNulty. A public hearing for an area variance is requested under Section 703.2 of the Varick Zoning Code for property located at 4938 E. Lake Road, Romulus, parcel 6-1-25, in the Town of Varick. The Zoning Board of Appeals will hear and consider the appeal for an area variance which seeks relief from the minimum dock requirements due to water depth for proposed boat lift. Said application is on file with the Zoning Board of Appeals and the Town Clerk and is open for inspection.

Motion to open public hearing: A. Herkovic, 2^nd J. Keel. Public Hearing opened at 7:10 pm.

Property owner- Jesse McNulty, contractor- Guy Schamel, and neighbors- Bobbi and Ovid Randall in attendance.

Variance request for the above stated property to build a permanent dock larger than the 850 sq. ft. permitted in the codes. Dock length to reach the water depth needed for diving/ swimming safety/quality and for the depth needed for the boat hoist to function during season with low water and the width to permit safe passing on walkway. Proposed boat hoist to be roofed only – no side walls. Neighbor’s (north of McNulty property) dock is stated as seasonal with a 136′ length that is barely sufficient for their boat hoist during seasons with low water. Neighboring property to the south does not currently have a dock. Water depth is due to a land shelf that extends well into the lake and beyond the boundaries of the property, also sediment from Reeder Creek (north of property) runoff. Previous dock was seasonal and inadequate for current property owner’s needs. Neighbor expressed a concern with their view of the lake due to the location of boat hoist. Property owner is willing to amend his design to alleviate some of their concerns. Position of dock on the property is where the previous seasonal dock had been. Owner is willing to change location if needed.

Permit from the Army Corps of Engineers has already been obtained to cover for the larger size of the dock. General permit allows 100′ x8’wide. This proposed structure exceeds the length of the general permit.

Motion to close Public Hearing by J. Keel 2^nd – A. Bachman

Public Hearing Closed at 7:44 with no objections.

Board Discussion points:

Extra length is needed, but square footage can be reduced by narrowing the walkway portion from proposed 6′ to 5′ wide. A 4′ wide walkway was discussed, but deemed too narrow to safely permit people passing each other. The variance is considered to be justified by the because of the land/water. Due to contour of the shoreline, the dock length would not appear longer than other docks in the area when at the end. Neighbor’s feedback is positive to proposed dock.

Criteria:

1. No undesirable change or detriment to the neighborhood – the dock doesn’t stick out any further than neighboring docks due to curvature of the shoreline – neighbors approve. Builder states this will be lower than neighboring docks.
2. Feasible alternative is available – Proposed size can be reduced by narrowing the walkway and making the platform area smaller.
3. A substantial variance is needed – approx. 20%.
4. No adverse impact on physical or environmental conditions can be seen.
5. The difficulty is due to a characteristic of the land. The shallow area of the land shelf is a local anomaly extends beyond the width of the property.

Motion: To grant the variance to build the dock exactly as submitted in compliance with the Army Corps of Engineers permit of 5×150 ft. for the main dock and a platform of 11×11 ft. for a total of 871sq. ft.

Motion- A. Herkovic 2^nd – A. Bachman

Approved: 4 Opposed: 0 Abstained: 0 Motion Passed.

The variance outweighs the detriment to the neighborhood because it is very small and justified by the need for a longer than typical dock. Not the sole consideration, as at some time in the future the property owners could change, but the only feedback heard from the neighbors was positive. It’s a 21 sq. ft. variance with the condition to comply with the Army Corps of Engineers.

Board Notes:

• Ovid Randall mentioned hearing about pollution runoff in Reeder Creek assumed to be from Hillside/Depot into Seneca Lake.
• Still be looking for codes/rules from other townships on Seneca Lake for dock size, etc. None found for Lodi and City of Geneva. Information was found for the Army Corps of Engineers.
• By-laws need to be reviewed

Change to Application form to require 5 copies of everything (forms and tax maps)

Next Meeting: April 25, 2017 at 7:00 pm.

Motion to adjourn the meeting 8:25 pm J. Keel, 2^nd A. Herkovic

Respectfully submitted, April 2, 2017. Approved April 25, 2017

Carol J. Millis